The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 23) Regulations 2021

Amendment of Part 1A (requirement to complete passenger locator form)

4.—(1) Part 1A is amended as follows.

(2) In the heading, for “Requirement to complete passenger locator form” substitute “Requirements on persons arriving in England”;

(3) In regulation 3(4)(a) (requirement on passengers to provide information)—

(a) after “regulation” insert “3K (self-isolation requirements on eligible travellers),”;

(b) after “(category 2 and category 3 arrivals)” insert “or Schedule 11 (additional measures applicable to arrivals from category 3 countries or territories)”;

(4) After regulation 3 insert—

“Requirement to possess notification of negative test result

3ZA.— (1) A person who arrives in England having begun their journey outside the common travel area must possess on arrival valid notification of a negative result from a qualifying test taken by that person.

(2) A person who presents at immigration control at the Channel Tunnel shuttle terminal area in France, with the intention of boarding a shuttle service destined for the United Kingdom, must, on so presenting, possess valid notification of a negative result from a qualifying test taken by that person.

(3) A person who is travelling with a child aged 12 or over and for whom they have responsibility must—

(a) on their arrival in England, in the case of a person described in paragraph (1); or

(b) when they present at immigration control, in the case of a person described in paragraph (2),

possess valid notification of a negative result from a qualifying test taken by that child.

(4) A person who possesses valid notification of a negative result from a qualifying test must produce that notification, physically or digitally, if requested to do so by an immigration officer.

(5) A person must as soon as reasonably practicable undertake a test that complies with paragraph 1(a) of Schedule 7 if—

(a) the person requires leave to enter or remain in the United Kingdom;

(b) an immigration officer suspects the person has—

(i) evaded, or attempted to evade, immigration control, or

(ii) been arrested, detained or granted immigration bail by an immigration officer in accordance with the Immigration Acts;

(c) the person fails to produce valid notification of a negative result from a qualifying test when requested to do so by an immigration officer; and

(d) the immigration officer requires the person to undertake such a test.

(6) The following persons are not required to comply with this regulation—

(a) a child who is under the age of 12;

(b) a person described in paragraph 2, 3, 4, 5, 6, 6A, 7, 8, 9, 10, 12A, 13, 14, 15, 34 or 52 of Schedule 4 (exemptions);

(c) a category 1 arrival who would have been a person described in paragraph 2 or 4 of Schedule 4 if that person had arrived from a category 2 country or territory;

(d) a person described in any sub-paragraph of paragraph 3(1) of Schedule 7 (testing before arrival in England).

(7) For the purposes of this regulation—

(a) a test is a qualifying test if it complies with paragraph 1 of Schedule 7;

(b) a notification of a negative result is valid if —

(i) it is provided through the EU Digital COVID Certificate, or

(ii) it includes the information specified in paragraph 2 of Schedule 7;

(c) a child is to be treated as possessing valid notification of a negative result from a qualifying test taken by that child even if that notification is possessed by a person who is travelling with, and has responsibility for, that child.”.